amaBhungane Centre for Investigative Journalism v. Minister of Justice and Minister of Police

The South African Constitutional Court declared various elements of the legislation authorizing interception of communications unconstitutional and invalid. After a journalist learned that his communications had been intercepted, he and an investigative journalism center approached the Court, arguing that the legislation had serious shortcomings and infringed the right to privacy. The High Court held that the law was unconstitutional, and, on appeal, the Constitutional Court confirmed the High Court’s ruling.

The Court emphasized that a lack of safeguards within the law prevented oversight and accountability, and the secrecy that covered the interception regime prevented any challenge to orders of surveillance. The Court noted that this secrecy and impunity heightened the risk of abuse and increased violations of the right to privacy.

CYRILLA: Global Digital Rights Law

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